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Published 2 Jul 2024, 12:52 BST

Official UK procurement notice

Enzyme Replacement Therapy Medicines

Official notice

Authority: The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS") (NHS & healthcare)·Consortium: 2 public authorities

Framework agreementGoodsAward procedure without prior publication of a call for competition
Sectors: Medical Devices & Pharma (33) Delivery: Scotland (UKM)
Framework ceiling (notional)Value not publishedframework ceiling, not attributable revenue
Awarded 18 Jul 2024no call for competition

What is being bought

Published requirement description

Supply of Enzyme Replacement Therapy Medicines (a-d) to NHS Scotland:

  • NP92624(a) Laronidase 500units/5ml solution for infusion vials 1 vial (Aldurazyme®)
  • NP92624(b) Imiglucerase 400unit powder for solution for infusion vials 1 vial (Cerezyme®)
  • NP92624(c) Agalsidase beta 35mg powder for solution for infusion vials 1 vial (Fabrazyme®)
  • NP92624(c) Agalsidase beta 5mg powder for solution for infusion vials 1 vial (Fabrazyme®)
  • NP92624(d) Alglucosidase alfa 50mg powder for solution for infusion vials 1 vial (Myozyme®)

CPV: Pharmaceutical products

How this framework works

From the published notice
Bids received
1 bids received · 1 suppliers appointed

The lotProcurement structure

single lot · no lot value published
Lot #1The Framework Agreement is for the supply of Enzyme Replacement Therapy Medicines…Awarded

The Framework Agreement is for the supply of Enzyme Replacement Therapy Medicines (a-d: Aldurazyme®/ Cerezyme®/ Fabrazyme®/ Fabrazyme®/ Myozyme®) to NHS Scotland. The Authority has awarded this framework as a Single supplier framework agreement to one (1) Framework Participant.

Delivery: Scotland · All entities constituted pursuant to the National Health Service (Scotland) Act 1978, and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014.
33600000 Pharmaceutical products

Procedure terms & legal framework

From the official record · publisher note attached
Procedure method
Award procedure without prior publication of a call for competition
Legal basis
CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category
Goods
Notice status
Awarded without competition
Procurement threshold
Unspecified in notice
Regulatory regime
Standard
Commercial structure
Framework agreement
Who may use this agreement
Not stated in the notice; call-off rights may be limited to the establishing authority
Competition type
Direct award (no call for competition)
GPA / WTO covered
Yes (GPA)
Recurring procurement
Unspecified in notice
First published
2 Jul 2024, 12:52 BST
Last source update
15 Aug 2024, 11:45 BST
FTS notice number
2024/S 000-025940
Classification (CPV)
Pharmaceutical products
Delivery area
Scotland (UKM)
Official registry OCID
ocds-h6vhtk-047915 Find a Tender
Why no open competition

The works, supplies or services can be provided only by a particular economic operator due to protection of exclusive rights, including intellectual property rights

Published justification

The medicine to be awarded to the framework agreement is protected by exclusive rights, including intellectual property rights, in line with Regulation 33(1)(b)(iii) of the Public Contracts (Scotland) Regulations 2015.

Review and risk notes
Review procedure

Economic operators should approach the contracting authority in the first instance. However, the only formal remedy is to apply to the courts:

An economic operator that suffers, or is at risk of suffering, loss, or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014, may bring proceedings in the Sheriff Court or the Court of Session.

The bringing of court proceedings against the Authority after the Framework Agreement has been entered into will not affect the Framework Agreement unless grounds for the imposition of special penalties under the Public Contracts (Scotland) Regulations 2015 can be established. Otherwise, the remedies that may be awarded by the courts where the Framework Agreement has been entered into are limited to the award of damages.

Publisher note: The estimated value(s) of the Framework Agreement referred to in Sections II.1.7 and V.2.4 cover(s) the twenty-four (24) month contract duration and the twelve (12) month extension period of the Framework Agreement. (SC Ref:774962)

Notice history

1 event · 2 releases on Find a Tender
  1. Buyer details updated
    15 Aug 2024, 11:45 BST

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Suppliers appointed 1admitted to the panel · see the list ↓
Bids received 1
Contracts signed 2latest 18 Jul 2024

2 suppliers are admitted to this framework without individual award values or dates, see the supplier list below.

Contracts

  • Contract 025940-2024-NP92624 (a-d)-1

    Signed
    18 Jul 2024
    Value
    £12,437,853
    Status
    active

  • Contract 020101-2024-NP92624 (a-d)-1

    Signed
    2 Jul 2024
    Value
    £12,437,853
    Status
    active

Bid statistics published by the authority

BidsSMEVCSEValid bid range
1bids · 1 electronic · 1 from abroad0——

Contracting authority & participating public bodies

2 public bodies on the notice

The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS")

Contracting authorityNHS & healthcareBody governed by public lawHealth Gyle Square (NSS Head Office), 1 South Gyle Crescent, Edinburgh, Scotland, EH12 9EBContact name, email

Dispute resolution & review bodies

  • Sheriff Court HouseReview body EdinburghContact email, phone

Framework contractors & participating bidders

1 commercial party on the notice

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.